Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22017 

The FAA’s authority to issue rules 

regarding aviation safety is found in title 

49 of the U.S. Code. Subtitle 1, section 

106, describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in subtitle VII, part 

A, subpart I, section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it creates 

controlled airspace at Hardin County 

Airport, Kenton, OH. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL OH E5 Kenton, OH [Amended] 

Kenton, Hardin County Airport, OH 

(Lat. 40°36′36′′ N., long. 83°38′39′′ W.) 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 40°43′34′′ N., long. 83°33′51′′ 

W., to lat. 40°38′16′′ N., long. 83°28′39′′ W., 

to lat. 40°30′37′′ N., long. 83°30′57′′ W., to lat. 

40°24′00′′ N., long. 83°33′37′′ W., to lat. 

40°13′31′′ N., long. 83°40′22′′ W., to lat. 

40°11′47′′ N., long. 83°52′11′′ W., to lat. 

40°16′44′′ N., long. 84°01′10′′ W., to lat. 

40°24′31′′ N., long. 84°02′39′′ W., to lat. 

40°31′30′′ N., long. 83°56′56′′ W., to lat. 

40°32′13′′ N., long. 83°50′20′′ W., to lat. 

40°34′45′′ N., long. 83°47′33′′ W., to lat. 

40°38′56′′ N., long. 83°48′49′′ W., to lat. 

40°43′49′′ N., long. 83°42′14′′ W., to the point 

of beginning. 

Issued in Fort Worth, Texas, on March 15, 

2011. 

Richard J. Kervin, Jr., 

Acting Manager Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–9389 Filed 4–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 110106012–1013–01] 

RIN 0694–AF04 

Implementation of the Understandings 

Reached at the 2010 Australia Group 

(AG) Plenary Meeting and Other AGRelated Clarifications and Corrections 

to the EAR 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to amend the Export Administration 

Regulations (EAR) to implement the 

understandings reached at the June 2010 

plenary meeting of the Australia Group 

(AG) and to make certain AG-related 

editorial clarifications and corrections 

to the EAR. Consistent with the June 

2010 AG understandings, this rule 

amends the chemical manufacturing 

equipment entry on the Commerce 

Control List (CCL) of the EAR to reflect 

the addition of two parenthetical 

phrases that clarify the description of 

certain ‘‘materials’’ contained in items 

on the AG ‘‘Control List of Dual-Use 

Chemical Manufacturing Facilities and 

Equipment and Related Technology and 

Software.’’ In addition, this rule makes 

AG-related clarifications and corrections 

to the EAR. Specifically, this rule 

amends the human and zoonotic 

pathogens and toxins entry and the 

animal pathogens entry on the CCL by 

making an update and a clarification 

that are consistent with the description 

of items on the AG ‘‘List of Biological 

Agents for Export Control’’ and the AG 

‘‘List of Animal Pathogens for Export 

Control,’’ respectively. Finally, this rule 

amends the listing for ‘‘valves’’ in the 

chemical manufacturing equipment 

entry on the CCL to clarify that it 

controls ‘‘valves’’ for the ‘‘production’’ of 

chemicals, as well as ‘‘valves’’ for the 

‘‘processing’’ or ‘‘containment’’ of 

chemicals. The purpose of this rule is to 

ensure that the AG-related entries on the 

CCL conform with the wording in the 

AG Control Lists (as updated by the 

understandings reached at the 2010 AG 

Plenary) and to clarify the meaning of 

terms used in these entries. 

DATES: This rule is effective April 20, 

2011. 

ADDRESSES: Send comments regarding 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th Street & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e., RIN 0694–AF04)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Sangine, Director, Chemical 

and Biological Controls Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3343. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the annual plenary meeting of the 

Australia Group (AG) that was held in 

Paris, France, from May 31 through June 

4, 2010. The AG is a multilateral forum 

consisting of 40 participating countries 

that maintain export controls on a list of 

chemicals, biological agents, and related 

equipment and technology that could be 

used in a chemical or biological 

weapons program. The AG periodically 

reviews items on its control list to 

enhance the effectiveness of 

participating governments’ national 

controls and to achieve greater 

harmonization among these controls. 

Consistent with the understandings 

reached at the 2010 AG Plenary, this 

final rule amends Export Control 

Classification Number (ECCN) 2B350 

(Chemical manufacturing facilities and 

equipment) on the Commerce Control 

List (CCL) (Supplement No. 1 to Part 

774 of the EAR) to reflect the addition 

of two parenthetical phrases that 

describe types of ‘‘materials’’ contained 

in items on the AG ‘‘Control List of 

Dual-Use Chemical Manufacturing 

Facilities and Equipment and Related 

Technology and Software.’’ Specifically, 

this rule adds a parenthetical phrase to 

ECCN 2B350.a .3, .b.3, .c.3, .d.3, .e.3, 

.g.3, .h.3., and .i.3 to clarify the meaning 


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22018 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 

of the term ‘‘fluoropolymers’’ in 

connection with the types of ‘‘materials’’ 

from which certain chemical 

manufacturing equipment is made. This 

parenthetical phrase describes 

‘‘fluoropolymers’’ as ‘‘polymeric or 

elastomeric materials with more than 

35% fluorine by weight.’’ This rule also 

adds a parenthetical phrase in ECCN 

2B350.i.11 (under the listing for 

‘‘pumps’’) to clarify that the ‘‘material’’ 

‘‘ferrosilicon’’ refers to ‘‘high silicon iron 

alloys.’’ 

In addition to the AG Plenary changes 

described above, this rule amends ECCN 

1C351 (human and zoonotic pathogens 

and ‘‘toxins’’) and ECCN 1C352 (animal 

pathogens) on the CCL by updating 

ECCN 1C351 and clarifying ECCN 

1C352 consistent with the controls 

described in the AG ‘‘List of Biological 

Agents for Export Control’’ and the AG 

‘‘List of Animal Pathogens for Export 

Control,’’ respectively. Specifically, this 

rule revises the listing for ‘‘Chlamydia 

psittaci’’ in ECCN 1C351.c.7 by updating 

the name of the bacterium to read 

‘‘Chlamydophilapsittaci (formerly 

known as Chlamydia psittaci).’’ This 

rule also revises the listing for the 

‘‘Lyssa virus’’ in ECCN 1C352.a.8 by 

adding a parenthetical phrase to 

indicate that the virus is also known as 

‘‘Rabies.’’ 

This rule also makes two 

clarifications to ECCN 2B350, consistent 

with the controls described in the AG 

‘‘Control List of Dual-Use Chemical 

Manufacturing Facilities and Equipment 

and Related Technology and Software.’’ 

First, this rule amends the introductory 

text of ECCN 2B350.g (‘‘valves’’) to 

clarify that the ECCN controls valves 

specified therein that are used in the 

‘‘production’’ of chemicals, as well as 

valves that are used in the ‘‘processing’’ 

or ‘‘containment’’ of chemicals. Second, 

this rule revises the description of the 

material ‘‘Glass or glasslined (including 

vitrified or enameled coatings)’’ in ECCN 

2B350.g.4 to read ‘‘Glass (including 

vitrified or enameled coating or glass 

lining)’’ to clarify the extent to which 

valves containing this type of material 

are controlled under this ECCN. 

None of the changes made by this rule 

alters the scope of the controls in ECCNs 

1C351, 1C352, or 2B350. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 12, 2010, 75 FR 50681 

(August 16, 2010), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

contains a collection of information 

subject to the requirements of the PRA. 

This collection has been approved by 

OMB under Control Number 0694–0088 

(Multi-Purpose Application), which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748. Send comments regarding this 

burden estimate or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, as indicated in the 

ADDRESSES section of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (See 5 U.S.C. 553(a)(1)). 

Immediate implementation of these 

amendments is non-discretionary and 

fulfills the United States’ international 

obligation to the Australia Group (AG). 

The AG contributes to international 

security and regional stability through 

the harmonization of export controls 

and seeks to ensure that exports do not 

contribute to the development of 

chemical and biological weapons. The 

AG consists of 40 member countries that 

act on a consensus basis and the 

amendments set forth in this rule 

implement agreements reached at the 

June 2010 plenary session of the AG and 

other changes that are necessary to 

ensure consistency with the controls 

maintained by the AG. Since the United 

States is a significant exporter of the 

items in this rule, implementation of 

this provision is necessary for the AG to 

achieve its purpose. Any delay in 

implementation will create a disruption 

in the movement of affected items 

globally because of disharmony between 

export control measures implemented 

by AG members, resulting in tension 

between member countries. Export 

controls work best when all countries 

implement the same export controls in 

a timely and coordinated manner. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable.Therefore, this regulation 

is issued in final form. 

List of Subjects in 15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 774 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., 

p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 12, 2010, 75 

FR 50681 (August 16, 2010). 

Supplement No. 1 to Part 774— 

[Amended] 

2. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 


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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22019 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1C351 is amended by removing the 

name ‘‘Chlamydia psittaci’’, where it 

appears in paragraph c.7 of the ‘‘Items’’ 

paragraph in the List of Items Controlled 

section, and adding in its place the 

name ‘‘Chlamydophilapsittaci (formerly 

known as Chlamydia psittaci)’’. 

3. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1C352 is amended by removing the 

name ‘‘Lyssa virus’’, where it appears in 

paragraph a.8 of the ‘‘Items’’ paragraph 

in the List of Items Controlled section, 

and adding in its place the name ‘‘Lyssa 

virus (a.k.a. Rabies)’’. 

4. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B350 is 

amended under the ‘‘Items’’ paragraph in 

the List of Items Controlled section: 

a. By adding the parenthetical phrase 

‘‘(polymeric or elastomeric materials 

with more than 35% fluorine by 

weight)’’ immediately following the 

word ‘‘Fluoropolymers’’, where it 

appears in paragraphs a.3, b.3, c.3, d.3, 

e.3, g.3, h.3, and i.3; 

b. By removing the phrase 

‘‘chemical(s) being processed or 

contained’’, where it appears in the 

introductory text to paragraph g, and 

adding in its place the phrase 

‘‘chemical(s) being produced, processed, 

or contained’’; 

c. By removing the phrase ‘‘Glass or 

glasslined (including vitrified or 

enameled coatings);’’, where it appears 

in paragraph g.4, and adding in its place 

the phrase ‘‘Glass (including vitrified or 

enameled coating or glass lining)’’; and 

d. By adding the parenthetical phrase 

‘‘(high silicon iron alloys)’’ immediately 

following the word ‘‘Ferrosilicon’’, 

where it appears in paragraph i.11. 

Dated: April 12, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–9613 Filed 4–19–11; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1217 

RIN 3041–AC79 

Safety Standard for Toddler Beds 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) 

requires the United States Consumer 

Product Safety Commission 

(‘‘Commission,’’ ‘‘CPSC’’) to promulgate 

consumer product safety standards for 

durable infant or toddler products. 

These standards are to be ‘‘substantially 

the same as’’ applicable voluntary 

standards or more stringent than the 

voluntary standard if the Commission 

concludes that more stringent 

requirements would further reduce the 

risk of injury associated with the 

product. The Commission is issuing a 

safety standard for toddler beds in 

response to the CPSIA. The safety 

standard addresses entrapment in bed 

end structures, entrapment between the 

guardrail and side rail, entrapment in 

the mattress support system, and 

component failures of the bed support 

system and guardrails. The standard 

also addresses corner post extensions 

that can catch items worn by a child. 

DATES: The rule will become effective 

on October 20, 2011, and apply to 

products manufactured or imported on 

or after that date. The incorporation by 

reference of the publications listed in 

this rule are approved by the Director of 

the Federal Register as of October 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: Troy 

Whitfield, Office of Compliance and 

Field Operations, Consumer Product 

Safety Commission, Bethesda, MD 

20814–4408; telephone (301) 504–7548; 

twhitfield@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background: Section 104(b) of the 

Consumer Product Safety Improvement 

Act 

The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’, 

Pub. L. 110–314) was enacted on August 

14, 2008. Section 104(b) of the CPSIA 

requires the Commission to promulgate 

consumer product safety standards for 

durable infant or toddler products. The 

law requires that these standards are to 

be ‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standards if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. The term ‘‘durable infant or 

toddler product’’ is defined in section 

104(f) of the CPSIA as a durable product 

intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years. 

Toddler beds are one of the products 

specifically identified in section 

104(f)(2) of the CPSIA as a durable 

infant or toddler product. 

In this document, the Commission is 

issuing a safety standard for toddler 

beds. The standard is largely the same 

as a voluntary standard developed by 

ASTM International (formerly the 

American Society for Testing and 

Materials), ASTM F 1821–09, Standard 

Consumer Safety Specification for 

Toddler Beds, but with several 

modifications that strengthen the 

standard. 

In the Federal Register of April 28, 

2010, the Commission published a 

notice of proposed rulemaking that 

proposed to incorporate by reference 

ASTM F 1821–09, Standard Consumer 

Safety Specification for Toddler Beds, 

with several modifications. 75 FR 

22291. The final rule is very similar to 

the proposed rule. We summarize the 

proposed rule in section F of this 

preamble and discuss the final rule 

(including differences between the 

proposal and the final rule) in section G 

of this preamble. The information 

discussed in this preamble comes from 

CPSC staff’s briefing package for the 

toddler bed final rule, which is available 

on the CPSC’s Web site at http:// 

www.cpsc.gov/library/foia/foia11/brief/ 

toddlerfinal.pdf. 

B. The Product 

The ASTM voluntary standard defines 

a toddler bed as any bed sized to 

accommodate a full-size crib mattress 

having minimum dimensions of 515⁄8

inches in length and 271⁄4 inches in 

width and that is intended to provide 

free access and egress to a child not less 

than 15 months of age and weighing no 

more than 50 pounds. The standard 

includes cribs that can be converted into 

a toddler bed using a full-size crib 

mattress. 

CPSC staff estimates that there are 

currently at least 73 known 

manufacturers or importers supplying 

toddler beds and/or convertible cribs to 

the U.S. market. Approximately 48 

suppliers are domestic manufacturers 

(66 percent); 13 are domestic importers 

(18 percent); 11 are foreign 

manufacturers (15 percent); and the 

remaining firm is a foreign supplier that 

imports from other countries and 

exports to the United States. 

Based on information from a 2005 

survey conducted by the American Baby 

Group, CPSC staff estimates annual 

convertible crib sales to number about 

776,000 and annual sales of toddler 

beds to total about 819,000. Thus, a total 

of approximately 1.6 million units 

(convertible cribs and toddler beds) sold 

per year might be affected by the toddler 

bed standard. 


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